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USA - CA Prop 65 Labeling for military commissary sales

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Marshenko

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Posted 14 June 2024 - 04:01 PM

We may start selling certain scallops to the US Military for on-base commissary sales.  These are distributed to a number of bases, both domestically and overseas.

 

ONE of the bases is in California.  This particular type of scallop, if sold in a California grocery store, would require a Proposition 65 warning similar to:

 

This product can expose you to chemicals including cadmium and lead, that are known to the State of California to cause cancer and birth defects or other reproductive harm.  For more information go to www.P65Warnings.ca.gov.

 

Owner doesn't want to just blanket-label everything with this, because someone in Texas or Oklahoma isn't going to know or care about this, and if anything it might irrationally steer them away from the product.

 

I've reached out to both State of CA and to our last military auditor for advice but was wondering if anyone here had run into this.

 

 



seanpaulrader

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Posted 14 June 2024 - 04:53 PM

You can do signage on the shelf if you don't want to do it on the packaging.



Scampi

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Posted 14 June 2024 - 06:06 PM

Are you sure California law applies to armed forces bases??? That is what I'd be asking first and foremost 


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Brothbro

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Posted 14 June 2024 - 06:32 PM

Are you sure California law applies to armed forces bases??? That is what I'd be asking first and foremost 

 

I would look into this as well, I believe military bases are technically federal land not state. It could be that since the point of sale is not "in california", you aren't require to have the warning...but that could be wishful thinking.



Marshenko

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Posted 20 June 2024 - 04:04 PM

That's... that's why I'm asking  :ejut: 
 

It seems, from my reading of 10 USC 147, the commissaries are entirely under the jurisdiction of DoD, but what do I know?  :hypocrite:

 

 

Are you sure California law applies to armed forces bases??? That is what I'd be asking first and foremost 



Lynx42

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Posted 20 June 2024 - 04:49 PM

You could reach out to a Military Food Broker and ask.  Your company may already have one.



Marshenko

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Posted 20 June 2024 - 05:10 PM

Reached out to our last two military auditors and the state of CA because our broker isn't 100% sure either.

 

You could reach out to a Military Food Broker and ask.  Your company may already have one.



Scampi

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Posted 20 June 2024 - 05:30 PM

My research said as long as the commissary is NOT open to the public, federal law only applies


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Lynx42

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Posted 20 June 2024 - 05:31 PM

Can you call a commissary on one of the bases you are planning to sell too?  They should have a food safety person who would know who audits them.  Or they might be able to direct you to the person who would know.  





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